Judgment unanimously modified, on the law and facts, by reversing the conviction for simple possession of a weapon under the fourth count, vacating the sentence and dismissing that count of the indictment, and otherwise, affirmed.
Memorandum:
In the third count of the indictment defendant was charged with criminal possession of a weapon in the second degree, in that he "possessed a loaded firearm, to wit, a loaded revolver, with intent to use the same unlawfully...
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